Curry v. Commonwealth Ex Rel. Department of General Services

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that the owner did not waive a de facto taking claim by failing to file preliminary objections where the declaration \did not adequately establish the extent or effect of the taking\
• if the POs raise an issue of fact, the resolution of which is determinative to the outcome of the case, the court must hold an evidentiary hearing
• landowner did not waive issue of de facto taking by failing to raise that issue in preliminary objections where the declaration of taking did not adequately establish the extent or effect of the taking
• condemnee did not waive claim of de facto taking by failing to raise same in preliminary objections where declaration of taking did not adequately establish extent or effect of taking and subsequent petition alleged unforeseen lost access to timber and riparian rights

Source: CourtListener parenthetical corpus (CC0).